Absentee Ballot Drop Boxes

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WI Court of Supreme Court

Case Name: Priorities USA v. Wisconsin Elections Commission

Case No.: 2024AP000164

Officials:

Focus: Absentee Ballot Drop Boxes

The Supreme Court of Wisconsin reversed and remanded the circuit court’s decision regarding the use of absentee ballot drop boxes. The plaintiffs, Priorities USA, Wisconsin Alliance for Retired Americans, and William Franks, Jr., challenged the restriction that absentee ballots could only be returned by mail or in person to the clerk’s office, excluding the use of secure drop boxes.

The circuit court had dismissed the plaintiffs’ claim based on the precedent set by Teigen v. Wisconsin Elections Commission, which had concluded that ballot drop boxes were prohibited under Wisconsin Statutes. However, upon review, the Supreme Court decided to overrule the Teigen decision, determining it was unsound in principle and incorrectly interpreted the statutes in question.

The majority opinion asserted that the previous interpretation did not foster reliance nor create a settled body of law, thus it warranted revisiting and overturning. The Court concluded that municipal clerks could lawfully utilize secure drop boxes for the return of absentee ballots under their statutorily-conferred discretion. The case was remanded to the circuit court to reinstate the petitioners’ claim regarding the use of drop boxes​​.

Decided 07/05/24

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